Can my job fire me over prescription medications that I legally take?

I took a drug test and it tested positive for
amphetamines because I am legally prescribed
adderall. Now my boss dosent even want me in
the building until I provide proof which I have.
Once I provide the proof can they legally fire
me? Im in tears.

Asked on September 19, 2018 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have proof that you are taking it pursuant to a medical prescription, they can only terminate you if the nature of your job is that you cannot legally or safely do it while on Adderall. There are some jobs involving transportion (drivers, engineers, pilots) or operating construction or heavy machinery where it is either forbidden to be on certain medication or simply unsafe; in those instances, even with a prescription, they could terminate you, since they are not obligated to incur liability or break the law. But otherwise, you cannot be terminated for having a medical condition or using a legally prescribed medication and if you are, contact the federal EEOC about filing a disability-discrimination-related complaint.


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